If you are injured while on the job, you may be entitled to fair compensation. How you obtain this compensation may be tricky, as you may have to navigate Workers’ Compensation laws. Although your ability to sue your employer can be restricted, it is not impossible.

After a Work injury, you may need to file a Workers’ Compensation claim to get any compensation. Since Workers’ Comp laws prohibit injured employees from suing employers for work-related accidents, you might not have any other legal options, depending on your circumstances. However, employers are not shielded from liability in all circumstances, and certain conditions may allow you to sue your employer. Alternatively, you may sue various third parties without restrictions.

Contact our work injury attorneys with the Graves Injury Law Firm by calling (305) 614-2767 and ask our team for a free, private case review.

Can You File a Lawsuit for a Work Injury in West Palm Beach?

You may file a lawsuit, but suing your employer may be difficult. If you cannot sue your employer, there may be third parties who should be held responsible.

Workers’ Compensation

In many cases, injured workers may be eligible for Workers’ Compensation. If you experience a work injury, you must report the accident and your injuries to your employer within 30 days. You also have 2 years to report your injuries to the Employee Assistance and Ombudsman (EAO) for Workers’ Comp benefits.

Work-Related Accidents

If your injury is work-related, you cannot sue your employer for the accident. An injury is considered work-related if it occurs within the scope and course of your employment.

More specifically, Florida requires that a work-related accident be the “major contributing cause” of your injuries, i.e., more than 50% of the cause.

Exceptions for Lawsuits

If the injury was caused by a third party, you can still sue them. The restriction on lawsuits is only against your employer.

You can also sue your employer if they caused the accident intentionally or failed to carry Workers’ Comp insurance.

Suing Third Parties for Work Injuries in West Palm Beach

You are not prohibited from suing third parties, which may include almost anyone who is not part of the employer-employee relationship. If you cannot sue your employer, you may still sue one of these parties.

Manufacturers of Defective Work Equipment

If you were injured while working with equipment or tools needed to do your job, the company that manufactured the equipment might be responsible if the equipment was defective. We would need to prove that the equipment was defective, that the defect was not apparent, and that you used the equipment for its intended purposes.

Manufacturers of Safety Gear

When accidents happen, workers should have adequate safety gear to protect themselves. Personal protective equipment (PPE) should withstand accidents and prevent injuries. If PPE fails because it was manufactured poorly or contains a defect, we can sue the manufacturer.

Negligent Customers or Clients

Sometimes employees are injured by customers or clients. This might include an angry customer attacking an employee. It might instead involve injury from hazardous conditions on a client’s property. If a client provides equipment for you to use to do your job, and the equipment malfunctions and injures you, you may sue them for damages.

Drivers in Car Accidents

If your work takes you on the road, you might be hurt in accidents caused by other drivers. Since most other drivers on the road are probably not connected to your employer, they should be fair game for a lawsuit as third-party defendants.

Property Owners

Perhaps your job takes you to someone else’s property. For example, a contractor might perform renovation work on someone’s private residence. If an accident occurs because the property is unsafe and the owner failed to warn you of the dangerous conditions, the owner can be held responsible.

Lawsuits vs. Workers’ Compensation

You may be able to file Workers’ Comp claims and a lawsuit, and you should know the ins and outs of both options before deciding what to do next.

Who Decides the Case?

In a Workers’ Comp case, a Judge of Compensation Claims (JCC) decides your case and determines whether compensation for medical costs, benefits for lost income, and other benefits are owed. They may review evidence and arguments from injured workers and insurance companies.

In a lawsuit, a jury typically decides whether a defendant is liable for the plaintiff’s damages. In a bench trial, the judge would take on this role and render the final verdict.

Deadline to File

The deadline for filing a Workers’ Compensation claim is the same as the deadline for filing a lawsuit. Both must be filed no later than 2 years after the injuries occur. Remember, in a Workers’ Comp case, you must still notify your employer of the accident and your injuries within 30 days, or your claims could be denied.

Available Damages or Compensation

Damages in a Workers’ Compensation case tend to be more limited. Many injured workers may claim compensation for medical costs, and if they cannot work while recovering, a portion of their lost income. Additional benefits, like those for permanent injuries, may be available only in certain cases.

In a lawsuit, you may claim damages for medical costs, the full extent of your lost income, the value of personal property that was damaged in the accident, and non-economic damages related to pain and suffering, among others.

FAQs About Compensation for Work Injuries in West Palm Beach

Can You Sue for Damages After an Accident at Work?

Possibly. Work injuries are often covered by Workers’ Compensation, which prohibits employees from suing their employers unless special circumstances exist.

You can, however, sue a third party if they were responsible for your injuries.

What Damages Should You Claim in a Work Injury Lawsuit?

You should claim damages through Workers’ Comp for medical expenses and a portion of lost income. You may also claim non-economic damages in a lawsuit to recover damages for pain, distress, humiliation, and even damage to your professional reputation.

What if Your Employer Fires You for Filing a Lawsuit for Work Injuries?

Employers are not allowed to retaliate against injured employees for filing Workers’ Comp claims for on-the-job accidents. However, they can fire you for cause or because they have no work to offer you, given your current limitations. If you were fired or your employer has taken some other adverse action against you, contact an employment law attorney for help immediately.

Do You Have to File a Workers’ Compensation Claim After a Work Injury in West Palm Beach?

No, you are not required to file a Workers’ Compensation claim. However, Workers’ Comp might be your only option for compensation if your employer is entirely responsible for the accident, there are no responsible third parties, you caused the accident, or no exceptions exist that would allow you to sue your employer.

Contact Our West Palm Beach Work Injury Attorneys for Help with Your Claims

Contact our work injury attorneys with the Graves Injury Law Firm by calling (305) 614-2767 and ask our team for a free, private case review.